B-220388, OCT 31, 1985, 85-2 CPD 500
Highlights
UNLESS THERE IS SOME SHOWING THAT THE AGENCY IS USING A COOPERATIVE AGREEMENT WHERE A CONTRACT IS REQUIRED. WE LIMIT OUR REVIEW BECAUSE THE AWARDS OF COOPERATIVE AGREEMENTS ARE NOT SIGNIFICANTLY CONTROLLED BY STATUTES AND REGULATIONS HAVING THE FORCE AND EFFECT OF LAW. AS ARE THE AWARDS OF PROCUREMENT CONTRACTS. THE COMPLAINT THEREFORE IS DISMISSED.
B-220388, OCT 31, 1985, 85-2 CPD 500
GENERAL ACCOUNTING OFFICE - JURISDICTION - COOPERATIVE AGREEMENTS - AWARDS DIGEST: GAO GENERALLY DOES NOT REVIEW COMPLAINTS REGARDING AN AGENCY'S DECISION NOT TO ENTER INTO A COOPERATIVE AGREEMENT WITH THE COMPLAINANT.
NATIONAL FIREHAWK FOUNDATION:
THE NATIONAL FIREHAWK FOUNDATION (FIREHAWK) COMPLAINS OF THE REFUSAL OF THE UNITED STATES FIRE ADMINISTRATION, FEDERAL EMERGENCY MANAGEMENT AGENCY, TO ENTER INTO A COOPERATIVE AGREEMENT WITH FIREHAWK TO DEVELOP COMMUNITY VOLUNTEER PROGRAMS TO PREVENT ARSON.
WE GENERALLY DO NOT REVIEW COMPLAINTS CONCERNING THE AWARD OF COOPERATIVE AGREEMENTS, UNLESS THERE IS SOME SHOWING THAT THE AGENCY IS USING A COOPERATIVE AGREEMENT WHERE A CONTRACT IS REQUIRED, OR THAT A CONFLICT OF INTEREST EXISTS. INNOCEPT, INC., B-208065, SEPT. 13, 1983, 83-2 CPD PARA. 317. WE LIMIT OUR REVIEW BECAUSE THE AWARDS OF COOPERATIVE AGREEMENTS ARE NOT SIGNIFICANTLY CONTROLLED BY STATUTES AND REGULATIONS HAVING THE FORCE AND EFFECT OF LAW, AS ARE THE AWARDS OF PROCUREMENT CONTRACTS, AND OUR INVOLVEMENT THEREFORE WOULD RESULT IN INTERFERENCE WITH THE ADMINISTRATION BY EXECUTIVE BRANCH AGENCIES OF THEIR FINANCIAL ASSISTANCE PROGRAMS. ID.
FIREHAWK'S COMPLAINT DOES NOT COME WITHIN THE LIMITED SCOPE OF OUR REVIEW OF COOPERATIVE AGREEMENTS. THE COMPLAINT THEREFORE IS DISMISSED.